Tag: Legal framework for patents

Non-Patentable Subject Matter

Non-Patentable Subject Matter Under Section 3 of the Indian Patents Act, 1970

The Indian Patents Act, 1970, outlines the framework for granting patents and specifies the types of inventions that are patentable in India. A crucial aspect of this Act is Section 3, which enumerates various categories of inventions that are not patentable. Understanding these exclusions is essential for inventors, legal practitioners, and businesses seeking patent protection in India. This article delves into the intricacies of Section 3, highlighting the non-patentable subject matter and providing insights into the rationale behind these exclusions. Section 3 of the Indian Patents Act, 1970 Frivolous or Contrary to Natural Laws (Section 3(a)) Inventions that are frivolous or claim something obviously contrary to well-established natural laws are not patentable. Example: A machine claimed to generate energy without any input (a perpetual motion machine) would be excluded from patentability because it contradicts the law of conservation of energy. To become patent-eligible, the invention could be modified to operate…

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Recent FAQs Published by the Indian Patent Office on Form 27
August 29, 2024

The Indian Patent Office recently released a comprehensive FAQ document regarding Form 27, aimed at clarifying the requirements and procedures for patentees and…

Recent Discussions

A Comprehensive Guide to Patent Searches: Types, Examples, and When to Use Them
August 29, 2024

Patent searches are a crucial aspect of the patenting process. Whether you're an inventor, entrepreneur, or a legal professional, understanding the different types…

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